Claims from slip and fall accidents require the injured party to prove the property owner is responsible for the hazard by actually creating it or because of inadvertent negligence. The claimant must also show that a reasonable person would have noticed the issue and fixed it, and prove the property owner had enough time to do it since the hazard appeared.
Read more below about how to determine fault and how a slip and fall accident lawyer at Kansas Injury Recovery can help with your case.
Who is responsible for a slip and fall accident?
In this situation, liability is on the property owner, or whomever the property owner has designated as being in charge of such issues, when the cause was their fault and ultimately avoidable. More specifically, liability means the accident could have been prevented, because the hazard should have been fixed, cleaned up, or clearly labeled.
Defining “reasonable”
What defines “reasonable” is key to knowing who is responsible for the situation. To successfully make your claim, you must prove that a reasonable person would define the condition as hazardous and that the property owner had enough time to know the hazard existed in order to remove it.
Can the injured party be held liable?
Yes, the injured party may be held responsible for their own injury, whether in full or in part. This may also depend on the state in which you live. The property owner or their insurance company may use this defense, which is known as “comparative fault.”
If you live in a comparative fault state, you will not be compensated if you’re determined to have any responsibility for the injury. Other states, such as Kansas, use comparative negligence codes. In a state that follows comparative negligence laws, the financial burden is split to represent the injured person’s degree of liability.
For example, if you developed back pain due to slip and fall injuries, brought a claim against the property owner in a comparative negligence state, and the court decided you and the property owner were equally at fault for the injuries, you would be required to pay for 50% of the compensation you were seeking, while the property owner would be obligated to compensate you for the other 50%.
Exact amounts vary widely, but you can generally expect the average claim for slip and fall accidents to cover lost wages, medical bills, pain and suffering, and other losses (such as if you had belongings that were destroyed during or because of the injury). Reasons the property owner can prove you were responsible for your injuries include whether or not you were:
- In a restricted or unlawful area and had no reason to be there
- Injured despite reasonable warnings (i.e. signs) having been established, or
- Not paying attention to your surroundings (i.e. texting while walking) when the injury happened
What if the injury happened at work?
25% of injuries in the workplace are slip and fall accidents. These injuries may not only create a lot in medical bills, but they can also (and often do) lead to days or weeks of being unable to work. This means you lose the doctor fees and the money you would have made while at work during the lost time period. Workers’ compensation benefits help pay for medical treatments and generally provide about two-thirds of lost wages. Additionally, workers’ comp will generally provide these financial benefits even when the injury is the worker’s fault (with great restrictions, such as being intoxicated or doing something illegal while you were injured).
Although this is great for short-term injuries that heal quickly, losing months or being permanently unable to work can lead to a significant loss of income as well as pain and suffering. This is particularly beneficial if the injury was your own fault. However, when your employer does something that disregards safety regulations or if a third-party was somehow responsible for your injury, you may have legal basis to sue your employer or the third party.
For example, say you were at the top of a ladder following safety protocols to the letter, and your employer or someone else drove their vehicle into the ladder. The injury caused back pain, and after months of recovery, you’re still unable to work. You could file a claim to seek more compensation than your medical bills and the two-thirds of your average salary.
For more information
If you’re in Kansas and you’ve been injured in a slip and fall accident, don’t wait to call the attorneys who can help your case. Contact Kansas Injury Recovery today at (866) 205-7479, or fill out this form for a free case review.
